HIV/AIDS activists held a news conference outside Marty's Place in San Francisco's Mission neighborhood December 2, saying they need to raise money for an attorney to avoid a potential eviction. The action, coming a day after World AIDS Day, shines a light on the city's housing crisis.
Longtime gay and HIV/AIDS activist Vince Crisostomo — who just received the Unsung Hero Award from the National AIDS Memorial Grove on World AIDS Day — gave a fiery address saying that with Donald Trump returning to the U.S. presidency next month, "San Francisco needs to show this is how you fight back."
"We are not disposable," said Crisostomo, who does not live at Marty's Place but was there to support the two residents who do. "People are saying they are looking to San Francisco for the answer. There's this naive trust that this country is going to take care of us and that has not happened. It's time that these stories start having a happy ending."
The activists are also calling upon the city to investigate the nonprofit Mission Action, which they say is trying to evict the housing co-operative from 1165 Treat Avenue, and which they accuse of "malicious and manipulative litigation tactics," breach of contract, and mismanaging $90,000 in funds intended for the property's maintenance.
Alexandra Arneri, a member of Marty's Place's board of directors, said that they need new counsel before a December 13 hearing, at which time a judge may enter a default judgment in favor of Mission Action, formerly known as Dolores Street Community Services.
Marty's Place was founded in the 1990s by the Reverend Richard Purcell, a Roman Catholic Franciscan friar who intended it as a safe haven for people living with AIDS. It was named for his late brother, Marty, who died of AIDS. In 2011, it came under the aegis of what was then known as Dolores Street Community Services. Marty's Place Affordable Housing Corporation, or MPAHC, was created as a subsidiary of DSCS/Mission Action, with the understanding the larger organization would help the smaller one build capacity and become independent, according to the activists.
Mission Action claims in court documents that Marty's Place "failed to meet its requirements under the lease, by failing to pay required rents and provide required information per the lease terms," such as not submitting budget proposals or providing statements of income and expenses.
Its executive director, Laura Valdez — whom the activists are calling upon to resign — stated to the Bay Area Reporter that "litigation is being pursued to terminate the sublease agreement with MPAHC due to serious concerns raised by former tenants and stakeholders."
Valdez states those concerns are that Marty's Place "engaged in serious ethical and legal violations," which she alleges included failure to file taxes and suspension of nonprofit status while accepting charitable donations; violations of fair housing laws, MPAHC bylaws and the master lease agreement; and "non-adherence to housing criteria for individuals who are unhoused, extremely low-income, and living with HIV/AIDS."
According to MPAHC spokesperson Kevin Ortiz, who is also on the group's board of directors, MPAHC's nonprofit status was not suspended, there've been "no complaints of fair housing laws violations," the bylaws and master lease agreement have been adhered to, and "all former or current residents have been living with HIV/AIDS."
Indeed, the California Secretary of State's website stated MPAHC's nonprofit status is active.
Ortiz disagrees that only people experiencing homelessness can apply to be a Marty's Place resident.
"Being unhoused is not a requirement for occupancy at Marty's Place," he stated. "All residents are extremely low-income to low-income, and qualify for housing subsidies through community partner providers (e.g. Catholic Charities). Ms. Valdez is aware of this because she attempted to subvert subsidy payments from Marty's Place/MPAHC to Dolores Street/Mission Action after posting eviction papers on our building. We were contacted by the subsidy providers directly because they cannot legally divert those payments."
Meanwhile, Marty's Place Board of Directors President Michael Rouppet claims rent has always been paid and said he's reached out to Valdez many times — including at a recent City Hall event to protest evictions — to discuss the other issues of contention.
"We've been trying to get them to have a discussion today, only to have no discussion," he said at the news conference.
Proposal to buy home
Rouppet is proposing that MPAHC buy the 1165 Treat Avenue property from Mission Action after a two-year period wherein it will seek city discretionary funds, philanthropic support, credit, or a mix of those options.
Rouppet alleges Valdez told him at the City Hall event she'd be willing to discuss that proposal but has not heard back.
Valdez told the B.A.R. in a December 2 phone call that, "I did speak to him and that was not a scheduled meeting. He approached me after I was a speaker at that rally. What I said to him was we were currently represented by attorneys, and I'm just the executive director, I don't make those decisions unilaterally. He made a request we drop litigation ... and his proposal was basically rent-to-own. I, again, don't think it's lawful to be using rental money — especially federal subsidies — to then purchase the home."
Arneri said that they've not been able to fill vacancies at Marty's Place because of the eviction threat, which has lingered since the initial notice of termination was placed on the house's door in 2021.
"It's unfair for us to invite them [prospective tenants] to a situation where they might not have a house," she said.
Ortiz stated that there are currently two residents.
"The house's full capacity is six people with six rooms filled — with a possible maximum of nine residents with three rooms that can accommodate three couples. There are currently two residents (there was recently [a] tragic death earlier this year with a third resident ready to be approved)," Ortiz stated in a December 3 email. "Since 2021's DSCS eviction notice, there have been four residents at Marty's Place at its height. Prior to DSCS becoming actively involved with Marty's Place, Marty's Place had full occupancy."
The average monthly rent is $1,006.36, according to Ortiz.
Valdez told the B.A.R. during the December 2 phone call that, "We have vacant units; we want people with HIV and AIDS to apply for that housing."
"If they [MPAHC] were interested in ensuring people with HIV and AIDS had access to housing, they would not be putting forth those false allegations," Valdez said. "This has nothing to do with evictions; it never has."
Paul Aguilar, a longtime gay and HIV/AIDS activist, is one of the two people who live at the site now. A long-term HIV survivor, Aguilar came to Marty's Place after becoming homeless during the COVID pandemic, convinced a second pandemic would do him in. Instead, the place gave him a new sense of purpose.
"Marty's Place is more than a roof over our heads — it's a community," Aguilar said. "It's a testament to the very power of community and resilience."
For Mission Action's part, Valdez states at least four of the six units being vacant "highlights a significant underutilization of this vital community resource."
Valdez's statement claims "no eviction process is in place." The B.A.R. reached out to Mission Action asking for clarification, considering the notice of termination the B.A.R. saw in a 2021 photograph.
Valdez then told the B.A.R. in the December 2 phone call that residents would not be asked to leave if Mission Action were successful in terminating the sublease agreement.
"Eviction has never been on the table," she said. "What would be ending is their sublease to manage the property. Were we successful in our litigation, our organization would go back to being able to manage that property, and it would no longer be operated by the Marty's Place Affordable Housing Corporation."
The statement continued, in part, that "Legal action became necessary after exhausting all viable paths to resolution over several years. Mission Action is committed to upholding Marty's Place's mission. While evictions did occur during and after the COVID-19 pandemic, they were conducted solely by MPAHC, not Mission Action."
"We ask for the community's patience as the legal process unfolds and encourage all interested parties to conduct their due diligence. Mission Action remains committed to transparency and ensuring Marty's Place fulfills its intended mission," it continued.
Ortiz disputes the assertion that MPAHC engaged in evictions.
"Evictions are a legal process (UD-105 form), and there are zero records showing Marty's Place engaged in any evictions because we didn't file any," Ortiz stated. "However, Marty's Place was given a 2021 eviction/termination notice from Dolores Street taped to our building. All former Marty's Place residents have left on their own, or with mutually agreed upon move out agreements, without need for any formal eviction process."
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